New Mexico Register / Volume XXXVII,
Issue 14 / July 28, 2026
TITLE 3 TAXATION
CHAPTER 6 PROPERTY TAXES
PART 50 PROCEDURES FOR COUNTY TREASURERS
3.6.50.1 ISSUING AGENCY:
Department
of finance and administration, local government division.
[3.6.50.1 NMAC -
Rp, 3.6.50.1 NMAC 7/28/2026]
3.6.50.2 SCOPE: These rules and regulations shall apply to
procedures to be followed by all county treasurers in the state of New Mexico.
[3.6.50.2 NMAC -
Rp, 3.6.50.2 NMAC 7/28/2026]
3.6.50.3 STATUTORY AUTHORITY: The local government division of the department
of finance and administration promulgates the procedures for county treasurers,
pursuant to the authority of Sections 6-6-2, 6-6-3, 7-35-6, 7-35-7 through 7-37-8,
7-38-32 through 7-38-38.1, 7-38-41 through 7-38-43, 7-38-63, 7-38-65 through 7-38-69,
7-38-71, 7-38-73, 7-38-76 through 7-38-77.1 and 7-38-80 NMSA 1978.
[3.6.50.3 NMAC - Rp, 3.6.50.3 NMAC 7/28/2026]
[3.6.50.4 NMAC -
Rp, 3.6.50.4 NMAC 7/28/2026]
3.6.50.5 EFFECTIVE DATE: July 28, 2026, unless
a different date is cited at the end of a section or paragraph.
[3.6.50.5 NMAC -
Rp, 3.6.50.5 NMAC 7/28/2026]
3.6.50.6 OBJECTIVE: The objective of Title 3, Chapter 6, Part 50
NMAC is to establish uniform procedures by which county treasurers implement portions
of the Property Tax Code and prepare financial reports. The rule also provides procedures
for suspension of a county treasurer by the department of finance and administration.
[3.6.50.6 NMAC -
Rp, 3.6.50.6 NMAC 7/28/2026]
A. "Assessor" means a county assessor as defined
by Sections 4-39-1 through 4-39-7 NMSA 1978, as amended.
B. "Board of finance" means a county board of
finance.
C. “Certify” or “Certification” involves verifying
and affirming property tax data accuracy and completeness. It includes reviewing,
validating, and attesting assessed values and tax calculations to ensure compliance
with laws before finalizing and notifying taxpayers or government entities.
D. “Delinquent” refers to any payment of taxes that is
not paid within 30 days of the date on which they were due.
E. "Department" means the department of finance
and administration.
F. “Error” refers to an incorrect or incomplete data input
or numerical calculation confirmed by the local taxing authority, county assessor,
public education department, and/or higher education department that does not include
the method used to determine the valuation, or the difference of opinion about the
value, of the property subject to taxation.
G. "Forfeiture" funds means cash or property
that is subject to forfeiture and is under the Controlled Substances Act, Sections
30-31-34 through Section 30-31-35 NMSA 1978.
H. "Local government" means a local public body
as defined in Section 6-6-1 NMSA 1978.
I. "Local government division" means the local
government division of the department of finance and administration.
J. "Property tax division" means the property
tax division of the taxation and revenue department.
K. "Refund" is that portion of property taxes
in controversy found to be in excess of the amount legally due.
L. "Secretary" means the cabinet secretary of
the department of finance and administration.
M. "State delinquency list" means the tax
delinquency list collected by the property tax division as defined in Section 7-38-62
NMSA 1978.
N. "Taxes on omitted property" refers to taxes
on property subject to property taxation but was omitted from property tax schedules
and for which taxes have not been paid but would be due, except for the omission.
O. "Treasurer" means a county treasurer as defined
by Sections 4-43-1 through 4-43-4 NMSA 1978, as amended.
[3.6.50.7 NMAC -
Rp, 3.6.50.7 NMAC 7/28/2026]
A. Section 4-43-2 NMSA 1978 requires the treasurer to keep account
of all moneys received and disbursed in the county; keep regular accounts of all
warrants drawn on the treasurer and paid; and keep the books, papers and moneys
pertaining to his office ready for inspection by the county commissioners at all
times. All moneys under the treasurer's control
include, but are not limited to: property taxes; property tax penalties and interest;
state shared taxes; gross receipts taxes; lodgers’ taxes; franchise taxes; licenses
and permits; charges for services; fines and forfeits, including forfeiture funds;
miscellaneous revenues; other revenues including contributions, donations, investment
income, refunds, rents, royalties, insurance recoveries and inter-governmental grants.
B. Section 6-10-8 NMSA 1978 states the treasurer of each county
in the state shall have supervision of the deposit and safekeeping of public money
in the county.
C. The treasurer determines how to deposit and invest county funds.
That decision must then be approved by the
board of county commissioners, sitting as the board of finance.
D. The board of finance must adopt an investment policy and permit
the treasurer to make investment decisions that conform to the policy.
[3.6.50.8 NMAC -
Rp, 3.6.50.8 NMAC 7/28/2026]
A. Subsection F of Section 6-6-2 NMSA 1978 requires periodic financial
reports of all local public bodies. Section 6-6-3 NMSA 1978 requires that every
local public body shall make all reports as may be required by the local government
division.
B. Every county shall file a financial report on a quarterly basis
with the local government division. The first quarter is from July 1st to September
30th; the second quarter is from October 1st to December 31st; the third quarter
is from January 1st to March 31st and the fourth quarter is from April 1st to June
30th. The reports are due at the local government
division no later than thirty days following the end of the quarter.
C. The local government division may grant a county's written
request, if warranted, an extension for filing the quarterly financial report.
D. Monthly financial reports shall be submitted to the county
commission and may be requested by the local government division.
E. Quarterly financial reports shall be submitted on the prescribed
local government division format, unless the local government division approves
submission of similar data hand written, typed or using the county's current software
program.
F. The treasurer's office should work cooperatively with the
county managers office or county finance department to ensure that reports are submitted
accurately and timely. The reports must include
the signatures and titles of the individuals who prepared the reports.
G. Instructions and sample reporting formats of the quarterly
financial reports are available in the local government divisions budgeting and
financial accounting manual for local governments.
[3.6.50.9 NMAC -
Rp, 3.6.50.9 NMAC 7/28/2026]
3.6.50.10 SUSPENSION OF COUNTY TREASURERS' FUNCTIONS:
A. The secretary shall follow the procedures set forth in Section
7-35-7 NMSA 1978, as amended, for suspension of treasurers' functions and termination
of a suspension order.
B. The costs counties are required to reimburse the department,
when the department performs the functions of a suspended treasurer, shall include
the salaries and expenses of department employees or contractors who carry out the
functions of the office of a suspended treasurer.
C. The department will take all action necessary to assure reimbursement
of costs by the county.
[3.6.50.10 NMAC -
Rp, 3.6.50.10 NMAC 7/28/2026]
A. On or before June 30th of each year, the property
tax division shall provide the local government division with a digital copy of
the compilation of all net taxable values certified by county assessors. On or before August 1st each year, the
property tax division shall provide the local government division with a digital
copy of the amended compilation of net taxable values, which includes the final
valuations resulting from completed protests and information on pending protests.
Upon receipt, but no later than August 10th
each year, the local government division shall send each county a copy of the proposed
tax rates. Upon receipt, county assessors
shall:
(1) work with county boards and local taxing
entities to verify these proposed rates;
(2) apply the yield control formula and other
tax rate limitations in statute that apply to the proposed tax rates before certifying
these rates;
(3) certify the accuracy of the proposed tax
rates to the local government division by August 15th of each year;
(4) Use the next taxable values from the immediately
preceding tax year for the purpose of estimating available revenue from the current
tax year when the compilation of net taxable values is incomplete or indefinite
due to pending protests.
B. Tax rates for school districts and institutions of higher education
are set by the state public education department higher education department, respectively.
The state public education department and
the higher education department shall certify rates of school districts and institutions
of higher education to the local government division as soon as practicable, but
no later than August 15th of each year.
C. On or before August 21st of each year, or the next business
day if August 21st falls on a weekend or holiday, the local government division
will compile data of all net taxable values certified to the property tax division
by county assessors. It will then multiply
this data by the tax rates certified by county assessors, the public education department,
and the higher education department, and send the results to the local government
division for each county, municipality, special district, school district, institution
of higher education, or state debt service within each county. Afterward, the local government division will send
draft written orders to county assessors, setting property tax rates for review
and concurrence.
(1) The local government division will review
property tax revenue listed in each governmental unit’s approved budget and compare
the projected revenue from the proposed rate-setting order and certified net taxable
values to ensure compliance with the Bateman Act (Sections 6-6-11 through 6-6-18
NMSA 1978).
(2) County assessors shall review and identify
any errors or requested corrections of draft rate-setting orders to the local government
division on or before August 28th of each year.
(3) County assessors shall report any errors
found in net taxable values for the county to the property tax division.
(4) County assessors shall report any errors
found in tax rates to the appropriate municipality, special district, the public
education department, the higher education department, or the state debt service.
(5) County assessors shall confirm with the
property tax division, appropriate municipality, special district, public education
department, higher education department, or state debt service any identified errors
before submittal to the local government division.
D. On or before September 1st of each year, the secretary
shall issue written orders to each county setting property tax rates for the governmental
units sharing in the tax in accordance with the Property Tax Code and the budget
of each as approved by the local government division.
E. The board of county commissioners shall issue by written order
imposing the certified tax rates on the net taxable value of property allocated
to the appropriate governmental units within five business
days of the date of the tax rate setting order from the secretary.
F. Any errors identified in rate-setting orders issued by the
secretary on September 1st of each year shall be handled in accordance
with Section 20 below.
[3.6.50.11 NMAC -
Rp, 3.6.50.11 NMAC 7/28/2026]
3.6.50.12 COUNTY PROPERTY VALUATION FUND:
A. The county property valuation fund is created in Section 7-38-38.1
NMSA 1978 and prescribes the method and manner for the collection and distribution
of the administrative charge on revenue recipients to offset collection costs.
B. All administrative charges shall be collected by the treasurer
and distributed to the county property valuation fund.
C. The assessor’s budget for purposes of calculating the forty
percent of the amount shall include all appropriations made to the assessor’s budget
including the county property valuation fund.
D. The treasurer is responsible for collecting the administrative
charges and distributing these collections to the county property valuation fund
in accordance with statute, relevant county ordinances and stipulated orders.
[3.6.50.12 NMAC -
Rp, 3.6.50.12 NMAC 7/28/2026]
3.6.50.13 PROTESTED PROPERTY TAXES AND PROPERTY TAX SUSPENSE FUND:
A. The treasurer shall deposit in the property tax suspense fund
an amount equal to the portion of any property taxes paid to the treasurer that
is not admitted to be due and is the subject of a claim for refund.
B. The property tax suspense fund shall be invested as permitted
by Subsection B of Section 7-38-41 NMSA 1978, as amended.
C. All refunds to property owners pursuant to Section 7-38-41
NMSA 1978 shall be made fifteen days after the treasurer receives a copy of the
final order relating to the protest.
D. If final determination in a claim for refund is less than originally
claimed, or if the claim is denied, the difference between the amount placed in
the property tax suspense fund and the amount refunded to the taxpayer shall be
disbursed in the monthly distribution process as stated in Subsection F of 3.6.50.15
NMAC. Upon the final determination of a claim,
the treasurer is to send a copy of the final order to the assessor and the director
of the property tax division who shall change their respective valuation records
to clearly reflect the final determination.
E. The treasurer is authorized to transfer any surplus interest
accrued in the property tax suspense fund to the county general fund, when a case
is closed or at the close of the fiscal year.
[3.6.50.13 NMAC -
Rp, 3.6.50.13 NMAC 7/28/2026]
3.6.50.14 COLLECTION AND RECEIPT OF PROPERTY TAXES:
A. All property tax payments shall be marked
paid and recorded within 48 hours and must be deposited within 72 hours.
B. Property tax receipts or copies of the tax bills marked paid
are not required to be mailed to property taxpayers if payment of property taxes,
penalties and interest are received by mail. These amounts are sufficiently "receipted"
if indication of payment is made on the tax schedule by the treasurer. However, the treasurer is not prohibited from mailing
receipts or copies of the tax bills marked paid.
C. Except for accounts on the state delinquency list, any partial
payments received by the treasurer for delinquent property taxes, penalties and
interest shall be receipted and accounted for in accordance with Section 7-38-42 NMSA 1978.
D. If the treasurer's office is unable to comply with this policy,
the treasurer must immediately notify the chairman of the board of finance and the
county manager in writing. The notification
must include a description of the problem, identification of the cause of the problem,
an estimate of the anticipated duration of non-compliance and the proposed remedial
action. The notification does not relieve
the receipting authority of its statutory duty to collect, record and account for
property taxes.
E. Receipting and depositing of revenues other than property tax
payments shall be implemented according to policies adopted by the county board
of finance.
[3.6.50.14 NMAC -
Rp, 3.6.50.14 NMAC 7/28/2026]
3.6.50.15 DISTRIBUTION OF PROPERTY TAXES, PENALTIES AND INTEREST:
A. The treasurer shall distribute the receipts from property tax
collections to each governmental unit. All interest and penalties collected shall
be deposited in the county general fund without regard to the tax year for which
it was paid, other than as an agent of the taxation and revenue department under
Section 7-38-62 NMSA 1978.
B. At the time of distributing receipts from property taxes collected
as agent for the taxation and revenue department under Section 7-38-62 NMSA 1978,
all interest and penalties collected for tax years before 1990 will be placed in
the county general fund and all interest and penalties collected for 1990 and subsequent
tax years shall be remitted to the taxation and revenue department.
C. The treasurer shall distribute taxes collected for the November
10th installment no earlier than December 15th or later than the 5th working day
after December 15th.
D. The treasurer shall distribute taxes collected from the April
10th installment no earlier than May 15th or later than the 5th working day after
May 15th.
E. For installment agreements pursuant to Section 7-38-38.2 NMSA
1978, no distribution shall be made earlier than the 15th of the month following
the month of collection or later than the 5th working day after the 15th of month
following the month of collection.
F. For delinquent taxes, normal distributions shall not be made
earlier than the 15th of the month following the month of collection or later than
the 5th working day after the 15th of month following the month of collection.
G. Once a county has placed a property on the state delinquency
list, the property tax division shall have responsibility and exclusive authority
to collect delinquent taxes, interest and penalties for all tax years. However, the property tax division may authorize
treasurers to act as its agents in accepting payments of taxes, penalties, interests
or costs due.
[3.6.50.15 NMAC -
Rp, 3.6.50.15 NMAC 7/28/2026]
3.6.50.16 NOTIFICATION TO PROPERTY OWNER OF DELINQUENT PROPERTY TAXES:
A. In accordance with Section 7-38-51 NMSA 1978, any property
tax delinquent more than thirty days as of June 30th of each year, the treasurer
shall mail a notice of delinquency to the assessed owner and any person other than
the owner to whom the tax bill on the property was sent. This applies to every delinquency and not just
those on the state delinquency list.
B. If payment has not been received within 90 days following the
written notice of delinquency, the treasurer shall pursue further collection efforts.
C. If the collection rate for a tax year for any jurisdiction
in the county falls twenty percent below anticipated collections as of December
31st of that year or June 30th of the following year, the treasurer must immediately
notify the board of finance in writing.
[3.6.50.16 NMAC -
Rp, 3.6.50.16 NMAC 7/28/2026]
3.6.50.17 SALE OF REAL PROPERTY FOR DELINQUENT TAXES: Section 7-38-66 NMSA 1978 states the taxpayer
must show proof of the following to prevent or invalidate a sale:
A. All delinquent taxes, penalties, interest and costs had been
paid prior to the date of sale shall prevent or invalidate the sale. The treasurers office must be in possession of the funds prior to
the time of the sale or the payment must be postmarked prior to the date of the
sale.
B. The taxpayer has entered into a written installment agreement
to pay all delinquent taxes, penalties, interest and costs prior to the date of
sale as provided in Section 7-38-68 NMSA 1978 and that payments are being made in
accordance with the terms of such agreement. The installment agreement must be signed by both
parties at least the day prior to the date of sale.
[3.6.50.17 NMAC -
Rp, 3.6.50.17 NMAC 7/28/2026]
3.6.50.18 INSTALLMENT AGREEMENTS OR SALE OF PROPERTY:
A. When the property tax division collects delinquent taxes in
total from the taxpayer under installment agreements or sale of property, the money,
excluding interest, penalties and costs, will be remitted to the treasurer. When
the money is received by the treasurer, the tax bill will be validated as paid.
The distribution will be accomplished by
the treasurer as the normal distribution of delinquent taxes.
B. Upon receipt of the money from the property tax division, the
treasurer shall:
(1) validate the tax bill as paid in the manner
prescribed in Section 7-38-63 NMSA 1978;
(2) make a notation of the payment of delinquent
property taxes, penalties and interest on the property tax schedule; and
(3) distribute the amount of property taxes
to the appropriate governmental units at the time of normal monthly distributions.
[3.6.50.18 NMAC -
Rp, 3.6.50.18 NMAC 7/28/2026]
3.6.50.19 TAXES ON OMITTED PROPERTY: When taxes on omitted property are placed on
tax schedules, tax bills mailed and money is received for payment of these taxes,
the receipting and accounting of the money is the same as for other property taxes.
For distribution purposes, all the monies
received for taxes on omitted property for years prior to current tax year will
be considered to be receipts of delinquent taxes.
[3.6.50.19 NMAC -
Rp, 3.6.50.19 NMAC 7/28/2026]
3.6.50.20 CHANGES IN THE PROPERTY TAX SCHEDULE:
A. The local government division may order the treasurer to make
changes in the property tax schedule in connection with any property listed on the
schedule if the local government division determines that an error was made in the
certification of tax rates. To request changes
in property tax schedules, counties must follow the following procedures:
(1) Counties must have complied with Section
7-38-34 NMSA 1978 and imposed tax rates for all governmental units within the county.
(2) County assessors must have complied with
Section 7-38-35 NMSA 1978 and generated property tax schedules for the county.
(3) County assessors shall coordinate with
governmental units in the county and submit to the local government division a letter
identifying all errors, with supporting documentation, requesting corrections to
property tax rates in property tax schedules on or before September 12th
each year.
(4) The local government division will review
requests for corrections, supporting documentation, and the proposed correction’s
effect on the governmental units' compliance with the Bateman Act, and issue county
draft correction orders on or before September 15th each year.
(5) County assessors shall confirm the accuracy
of correction orders to the local government division on or before September 17th
each year.
B. Upon a determination of an error by the local government division
and confirmation by the county assessor, the local government division will issue
a written order identifying any errors in the property tax rate-setting order and
requiring the corresponding county treasurer to correct the errors in the property
tax schedule.
[3.6.50.20 NMAC -
Rp, 3.6.50.20 NMAC 7/28/2026]
3.6.50.21 BANKHEAD-JONES FARM TENANT ACT: Pursuant to the national grasslands and land
utilization project receipts for the Bankhead-Jones Farm Tenant Act, the county
shall deposit these funds directly into the county road fund for the purpose of
maintaining county roads or school bus routes, or both.
[3.6.50.21 NMAC -
Rp, 3.6.50.21 NMAC 7/28/2026]
HISTORY OF 3.6.50
NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the State Records Center and Archives:
DFA 73-1,
(Directive LGD 61-32) Distribution of Bank Head Jones Farm Tenant Act
(Sub-Marginal Land) and Federal Wild Life and Fishery Act Revenue, 3/30/1973.
DFA 74-9,
Regulations Re: The Collection and
Distribution of Property Taxes by County Treasurers, 12/31/1974.
History of
Repealed Material: 3 NMAC 6.50 - Procedures
For County Treasurers filed 6/24/1998, Repealed effective 7.28.2026.
Other: 3 NMAC 6.50 - Procedures For County
Treasurers filed 6/24/1998, Replaced by 3.6.50 NMAC - Procedures For County Treasurers
effective 7.28.2026.